The Diversity Dilemma in Big Law: Insights and Solutions

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Leopard Solutions, a SurePoint company, has unveiled its latest white paper, "Diversity in Big Law: Aspirations, Challenges, and the Path Forward." This comprehensive report, conducted in partnership with Above the Law, analyzes a survey of underrepresented attorneys at leading law firms. It provides valuable insights into their career goals, experiences with bias, and preferred diversity initiatives.
The survey responses highlight the challenges underrepresented attorneys face while revealing opportunities for firms to engage this demographic better. Seventy percent of surveyed attorneys from underrepresented groups view partnership as a viable career goal. Many diverse attorneys plan long-term stays at their current firms, with 33% aiming for 3-7 years, 26% targeting partnership, and 38% envisioning retirement with their firm. Over half (52%) express interest in non-traditional career options beyond law firms. A significant majority (62%) report encountering bias within their firms, with a third of respondents citing "window dressing" as a bias, where diverse attorneys are included in client pitches but not assigned to the resulting work.

Lawyer Reports on Diversity Misuse
Several lawyers reported that their images were used in client pitch decks without their knowledge. "It happens all the time," one respondent wrote. The client has diversity requirements or might be Black, so they want a Black person in the meeting to secure the work. The work comes in, I don't know about it, and it goes elsewhere, usually to a non-diverse person."

Less than 20% find initiatives like "equal treatment programs" effective. At the same time, formal mentoring, professional development, and incorporating diversity into performance reviews are viewed positively. Some respondents believe that billing performance can overcome bias. This white paper sheds light on the aspirations, challenges, and preferences of diverse attorneys in Big Law. While respondents mostly had a positive outlook toward their future at Big Law, concerns about exclusion from projects after securing pitches or being used as "window dressing" to help get the business were raised. Notably, 15% of respondents who felt they were used to help clinch pitches reported being included in pitch meetings unrelated to their practice areas.
Almost three-fourths (73%) responded "no" to the question, "Do you have a metric used to measure how attorney work assignments are distributed in line with your DEI code? This underscores the importance of firms measuring work distribution and ensuring equitable opportunities. Laura Leopard, Founder and General Manager of Leopard Solutions, emphasizes, "If firms are not measuring how work is distributed, it's nearly impossible to rectify imbalances. Implementing such a system can demonstrate fairness and commitment to improvement."

Lack of access to the work pipeline limits advancement opportunities.
When assigning tasks such as work, pitches, client matters, pro bono projects, or articles, firms would be well-served to think of the individuals they would usually choose. Then consider five additional people they might not typically select—perhaps a new lateral they are unfamiliar with or someone from a different office they've never collaborated with. By encouraging partners, senior associates, and mid-level associates responsible for assignments to take a moment and consider a broader range of individuals, even small changes like this can have a significant impact.

Firm success and inclusivity start at the top. Leaders must do more than bill hours; they must also manage effectively.

Understanding inclusive leadership is crucial for effectively leading, motivating, developing, and incentivizing team members. This approach isn't uniform; it demands knowledge of your team, learning how to promote and incentivize them, and offering fair and equitable feedback. Leaders must also learn to advocate for those who might lack a strong voice and ensure they receive deserved recognition.

Even with the best intentions, efforts to promote diversity can sometimes fall short. Thorough training and messaging on diversity may not always have the desired impact. Inclusivity means that attorneys from diverse backgrounds should have leaders within the firm who share their backgrounds to help them feel comfortable and confident in their roles. Diversifying leadership at the top is essential for fostering diversity throughout the firm. By understanding these diverse perspectives, law firms can create more inclusive and equitable environments for all. Access the entire report here.

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